Izle Legal Documents:

These legal documents were last updated on April 13, 2015.

Izle Youtube Policy

Area Effect hereby grants permission for the use of in-game audio & video for “Let’s Play”, “Preview”, “Review” and/or “Commentary”-style videos on YouTube, including ad-supported channels/videos. The creator of the video may use in-game audio & video for as many videos as desired.

Please include a link to www.area-effect.com in your video or to our Kickstarter if it is still running. Specific permission is required for any soundtrack use outside of captured gameplay.

If you have any questions, please email contact[at]area-effect.com.

Izle End User License Agreement

THIS SOFTWARE IS LICENSED, NOT SOLD. BY INSTALLING, COPYING OR OTHERWISE USING THE GAME (DEFINED BELOW), YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO INSTALL, COPY OR USE THE GAME.

This software program, and any files that are delivered to you by Area Effect (via on-line transmission or otherwise) to 'patch,' update, or otherwise modify the software program, as well as any printed materials and any on-line or electronic documentation (the 'Manual') , and any and all copies and derivative works of such software program and Manual (collectively, with the 'Game Client' defined below, the 'Game') is the copyrighted work of Area Effect or its licensors (collectively referred to herein as 'Area Effect'). Any and all uses of the Game are governed by the terms of this End User License Agreement (the 'License Agreement' or 'Agreement'). The Game may only be played by obtaining from Area Effect access to an online Izle account (the 'Service'), which is subject to a separate Terms of Use agreement (the 'Terms of Use') incorporated into this Agreement by this reference. The Game is distributed solely for use by authorized end users according to the terms of this License Agreement. Any use, reproduction, modification or distribution of the Game not expressly authorized by the terms of the License Agreement is expressly prohibited.

Grant of a Limited Use License

If you agree to this License Agreement, you may install the computer software (hereafter referred to as the 'Game Client') onto your computer for purposes of playing the Game by using a temporary guest account or registering for and accessing an account with the Service (the 'Account'). Subject to agreement to and continuing compliance with this License Agreement, Area Effect hereby grants, and you hereby accept, a limited, non-exclusive license to (a) install the Game Client on one or more computers owned by you or under your legitimate control, and (b) use the Game Client in conjunction with the Service for your non-commercial entertainment purposes only. All use of the Game Client is subject to this License Agreement and to the Terms of Use agreement, both of which you must accept before you can use your Account to play the Game.

Additional License Limitations

The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the 'License Limitations'). Any use of the Game in violation of the License Limitations will be regarded as an infringement of Area Effect's copyrights in and to the Game. You agree that you will not, under any circumstances:

  • A. in whole or in part, copy, photocopy, reproduce, translate, reverse engineer, derive source code from, modify, disassemble, decompile, or create derivative works based on the Game; provided, however, that you may make one (1) copy of the Game Client and the Manuals for archival purposes only;
  • B. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Izle experience;
  • C. exploit the Game or any of its parts, including without limitation the Game Client, for any commercial purpose.
  • D. use any unauthorized third-party software that intercepts, 'mines', or otherwise collects information from or through the Game or the Service, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that Area Effect may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
  • E. modify or cause to be modified any files that are a part of the Game Client in any way not expressly authorized by Area Effect;
  • F. host, provide or develop matchmaking services for the Game or intercept, emulate or redirect the communication protocols used by Area Effect in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
  • G. facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by Area Effect;
  • H. sell, grant a security interest in or transfer reproductions of the Game to other parties in any way not expressly authorized herein, or rent, lease or license the Game to others.

Service and Terms of Use

You must accept the Terms of Use in order to access the Service and play the Game. The Terms of Use agreement governs all aspects of game play. You may view the Terms of Use by visiting the following website: http://www.area-effect.com/Izle/legal. If you do not agree with the Terms of Use, then (a) you may not register for an Account to play the Game.

Ownership

  • A. All title, ownership rights and intellectual property rights in and to the Game and all copies thereof (including without limitation any titles, computer code, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artwork, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation) are owned or licensed by Area Effect. The Game is protected by the copyright laws of France, international treaties and conventions, and other laws. The Game may contain materials licensed by third parties, and the licensors of those materials may enforce their rights in the event of any violation of this License Agreement.
  • B. You may permanently transfer all of your rights and obligations under the License Agreement to another only by physically transferring the original media (e.g., the CD-ROM or DVD you purchased), all original packaging, and all Manuals or other documentation distributed with the Game; provided, however, that you permanently delete all copies and installations of the Game in your possession or control, and that the recipient agrees to the terms of this License Agreement. The transferor (i.e., you), and not Area Effect, agrees to be solely responsible for any taxes, fees, charges, duties, withholdings, assessments, and the like, together with any interest, penalties, and additions imposed in connection with such transfer.

Termination

This License Agreement is effective until terminated. You may terminate the License Agreement at any time by

  • (i) permanently destroying all copies of the Game in your possession or control;
  • (ii) removing the Game Client from your hard drive; and
  • (iii) notifying Area Effect of your intention to terminate this License Agreement.

Area Effect may terminate this Agreement at any time for any reason or no reason. Upon termination for any reason, all licenses granted herein shall immediately terminate and you must immediately and permanently destroy all copies of the Game in your possession and control and remove the Game Client from your hard drive.

Export Controls

The Game may not be re-exported, downloaded or otherwise exported into any country against which France has embargoed goods, or to anyone on the France Treasury Department's list of Specially Designated Nationals or the France Commerce Department's Table of Denial Orders. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list

Patches and Updates

Area Effect may deploy or provide patches, updates and modifications to the Game that must be installed for the user to continue to play the Game. Area Effect may update the Game remotely including without limitation the Game Client residing on the user's machine, without the knowledge of the user, and you hereby grant to Area Effect your consent to deploy and apply such patches, updates and modifications.

Duration of the 'On-line' Component of the Game

This Game is an 'on-line' game that must be played over the Internet through the Service as provided by Area Effect. You understand and agree that the Service is provided by Area Effect at its discretion and may be terminated or otherwise discontinued by Area Effect pursuant to the Terms of Use.

Limited Warranty

Area Effect warrants that the media containing the Game Client shall be free from defects in material and workmanship for a period of 90 days from the date of your purchase of the Game. In the event that the media containing the Game proves to be defective during that time period, Area Effect will at its option (a) correct any defect, (b) provide you with a similar product of similar value, or (c) refund your money when you present Area Effect with proof of purchase of the defective media. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. THE GAME (INLUDING WITHOUT LIMITATION THE GAME CLIENT AND MANUAL(S)) IS PROVIDED ‘AS IS’ WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. The entire risk arising out of the use or performance of the (including without limitation the Game Client and Manual(s)) remains with you, the user. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

If you are a resident of Australia, the benefits provided to you by this Limited Warranty are in addition to other rights or remedies you may have under local laws related to the goods to which the warranty applies. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The provisions of this clause containing the Limited Warranty and the clause containing the Limitation of Liability and Indemnity below apply only to the extent permitted by the Competition and Consumer Act 2010 (Cth). The entitlement to a replacement or a refund for a major failure is not subject to Area Effect's option. To submit a warranty claim to Area Effect, please send a mail to Area Effect, 5 rue des Suisses, 75014 Paris, France. The user is responsible for the costs of returning media to Area Effect.

Limitation of Liability, Indemnity

NEITHER AREA EFFECT NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE GAME OR ANY USE OF THE GAME, INCLUDING WITHOUT LIMITATION LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES. FURTHER, NEITHER Area Effect NOR ITS PARENT, SUBSIDIARIES OR AFFILIATES SHALL BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO PLAYER CHARACTERS, VIRTUAL GOODS (E.G., ARMOR, POTIONS, WEAPONS, ETC.) OR CURRENCY, ACCOUNTS, STATISTICS, OR USER STANDINGS, RANKS, OR PROFILE INFORMATION STORED BY THE GAME AND/OR THE SERVICE. AREA EFFECT SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT WILL AREA EFFECT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES. In no event shall Area Effect's liability, whether arising in contract, tort, strict liability or otherwise, exceed (in the aggregate) the total fees paid by you to Area Effect during the six (6) months immediately prior to the time such claim arose. You hereby agree to defend, indemnify and hold Area Effect harmless from and against any claim, liability, loss, injury, damage, cost or expense (including reasonable attorneys' fees) incurred by Area Effect arising out of or from your use of the Game. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you.

Equitable Remedies

You hereby agree that Area Effect would be irreparably damaged if the terms of this License Agreement were not specifically enforced, and therefore you agree that Area Effect shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this License Agreement, in addition to such other remedies as Area Effect may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this License Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.

Changes to the Agreement

Area Effect reserves the right, at its sole discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this License Agreement when Area Effect upgrades the Game Client, effective upon prior notice as follows: Area Effect will post the revised version of this License Agreement on the The Izle website, and may provide such other notice as Area Effect may elect in its sole discretion. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in compliance with this License Agreement, you may terminate this License Agreement in accordance with Section 7 herein. Your installation and use of any of Area Effect's updates or modifications to the Game or your continued use of the Game following notice of changes to this Agreement will demonstrate your acceptance of any and all such changes. Area Effect may change, modify, suspend, or discontinue any aspect of the Game at any time. Area Effect may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. You have no interest, monetary or otherwise, in any feature or content contained in the Game.

Dispute Resolution and Governing Law

  • A. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement (‘Dispute’), you and Area Effect agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Area Effect will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Area Effect, 5 rue des Suisses, 75014 Paris, France, attn: Legal Department.
  • B. Binding Arbitration. If you and Area Effect are unable to resolve a Dispute through informal negotiations, either you or Area Effect may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
  • C. Restrictions. You and Area Effect agree that any arbitration shall be limited to the Dispute between Area Effect and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
  • D. Exceptions to Informal Negotiations and Arbitration. You and Area Effect agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Area Effect's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
  • E. Location. If you are a resident of France, any arbitration will take place at any reasonable location convenient for you. For residents outside France, any arbitration shall be initiated in Paris, Ile de France, France. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Paris, Ile de France, France, and you and Area Effect agree to submit to the personal jurisdiction of that court.
  • F. Governing Law. Except as otherwise set forth herein, this License Agreement shall be governed by, and will be construed under, the Laws of France, without regard to choice of law principles. For our customers who purchased a license to the Game in, and are a resident of, Canada, Australia, Singapore, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above; provided, however, that such laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you purchased your license to the Game in New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 (‘Act’) may apply to the Game and/or the Service as supplied by Area Effect to you. If the Act applies, then notwithstanding any other provision in this License Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this License Agreement. Those who choose to access the Service from locations outside of France do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
  • G. Severability. You and Area Effect agree that if any portion Section 15 is found illegal or unenforceable (except any portion of 15(D)) that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 15(D) is found to be illegal or unenforceable then neither you nor Area Effect will elect to arbitrate any Dispute falling within that portion of Section 15(D) found to be illegal or unenforceable and such Dispute be decided by a court of competent jurisdiction within the County of Paris, Ile de France, France, and you and Area Effect agree to submit to the personal jurisdiction of that court.

Miscellaneous

This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern. The provisions of Sections 4(A), 6, 11-13, 15 and 16 shall survive the termination of this Agreement for any reason. If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall be given full force and effect.

I hereby acknowledge that I have read and understand the foregoing License Agreement and agree that by clicking ‘Accept’ or installing the Game Client I am acknowledging my agreement to be bound by the terms and conditions of this License Agreement.

Terms of Use

YOU SHOULD CAREFULLY READ THE FOLLOWING IZLE TERMS OF USE AGREEMENT (THE ‘TERMS OF USE’ OR ‘AGREEMENT’)

Welcome to Area Effect's Izle (the ‘Game’). The Game includes two components: (a) the software program along with any accompanying materials or documentation (collectively, the ‘Game Client’), and (b) Area Effect's proprietary Izle online service (the ‘Service’). Your use of the Game Client is subject to the Izle End User License Agreement (the ‘EULA’). Your use of the Service is subject to this Terms of Use. You must accept the EULA and the Terms of Use (collectively, the ‘Area Effect Agreements’) prior to playing the Game.

Grant of a Limited License to Use the Service

Subject to your agreement to and continuing compliance with the Area Effect Agreements, you may use the Service solely for your own non-commercial entertainment purposes by accessing it with an authorized, unmodified Game Client. You may not use the Service for any other purpose, or in connection with any other software.

Additional License Limitations

The license granted to you in Section 1 is subject to the limitations set forth in Sections 1 and 2 (collectively, the ‘License Limitations’). Any use of the Service or the Game Client in violation of the License Limitations will be regarded as an infringement of Area Effect's copyrights in and to the Game. You agree that you will not, under any circumstances:

  • A. use cheats, automation software (bots), hacks, mods or any other unauthorized third-party software designed to modify the Izle experience
  • B. exploit the Game or any of its parts, including without limitation the Game Client, for any commercial purpose.
  • C. use any unauthorized third-party software that intercepts, ‘mines,’ or otherwise collects information from or through the Game or the Service, including without limitation any software that reads areas of RAM used by the Game to store information about a character or the game environment; provided, however, that Area Effect may, at its sole and absolute discretion, allow the use of certain third party user interfaces;
  • D. modify or cause to be modified any files that are a part of the Game Client or the Service in any way not expressly authorized by Area Effect;
  • E. host, provide or develop matchmaking services for the Game or the Service, or intercept, emulate or redirect the communication protocols used by Area Effect in any way, for any purpose, including without limitation unauthorized play over the internet, network play, or as part of content aggregation networks;
  • F. facilitate, create or maintain any unauthorized connection to the Game or the Service, including without limitation (a) any connection to any unauthorized server that emulates, or attempts to emulate, the Service; and (b) any connection using programs or tools not expressly approved by Area Effect;
  • G. violate any applicable law or regulation in connection with your use of the Game Client or the Service; or
  • H. disrupt or assist in the disruption of (i) any computer used to support the Service (each a ‘Server’); or (ii) any other player's Game experience. ANY ATTEMPT BY YOU TO DISRUPT THE SERVICE OR UNDERMINE THE LEGITIMATE OPERATION OF THE GAME CLIENT MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS.

Eligibility

You represent that you are an adult in your country of residence. You agree to these Terms of Use on behalf of yourself and, at your discretion, for one (1) minor child for whom you are a parent or guardian and whom you have authorized to play the Game using the license granted to you.

Ownership

All rights and title in and to the Service (including without limitation any user accounts, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, locations, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, any related documentation, 'applets', transcripts of the chat rooms, character profile information, recordings of games) are owned by Area Effect or its licensors. The Game and the Service are protected by French and international laws, and may contain certain licensed materials in which Area Effect's licensors may enforce their rights in the event of any violation of this Agreement.

No Ownership Rights in Account

NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, YOU ACKNOWLEDGE AND AGREE THAT YOU SHALL HAVE NO OWNERSHIP OR OTHER PROPERTY INTEREST IN ANY ACCOUNT STORED OR HOSTED ON A IZLE SYSTEM, INCLUDING WITHOUT LIMITATION ANY AREA EFFECT ACCOUNT OR IZLE ACCOUNT, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT ALL RIGHTS IN AND TO SUCH ACCOUNTS ARE AND SHALL FOREVER BE OWNED BY AND INURE TO THE BENEFIT OF AREA EFFECT.

Account Suspension/Deletion

AREA EFFECT MAY SUSPEND, TERMINATE, MODIFY, OR DELETE ANY IZLE ACCOUNT AT ANY TIME FOR ANY REASON OR FOR NO REASON, WITH OR WITHOUT NOTICE TO YOU. For purposes of explanation and not limitation, most account suspensions, terminations and/or deletions are the result of violations of this Terms of Use or the EULA.

Code of Conduct

As with all things, your use of the Game is governed by certain rules. These rules (the ‘The Izle Code of Conduct’), maintained and enforced exclusively by Area Effect, must be adhered to by all players. It is your responsibility to know, understand and abide by this Izle Code of Conduct. The following rules are not meant to be exhaustive, and Area Effect reserves the right to determine which conduct it considers to be outside the spirit of the Game and to take such disciplinary measures as it sees fit up to and including termination and deletion of the Account. Area Effect reserves the right to modify this Code of Conduct at any time.

A: Rules Related to Usernames. You may not use any name:

  • (i) Belonging to another person with the intent to impersonate that person, including without limitation a ‘Game Master’ or any other employee or agent of Area Effect;
  • (ii) That incorporates vulgar language or which are otherwise offensive, defamatory, obscene, hateful, or racially, ethnically or otherwise objectionable;
  • (iii) Subject to the rights of any other person or entity without written authorization from that person or entity;
  • (iv) That belongs to a popular culture figure, celebrity, or media personality;
  • (v) That is, contains, or is substantially similar to a trademark or service mark, whether registered or not;
  • (vi) Belonging to any religious figure or deity;
  • (viii) Related to drugs, sex, alcohol, or criminal activity;
  • (ix) Referring to pop culture icons or personas (e.g. ‘Britneyspears’, ‘Austinpowers’, ‘Batman’)

B. Rules Related to ‘Chat’ and Interaction With Other Users. Communicating in-game with other Users and Area Effect representatives, whether by text, voice or any other method, is an integral part of the Game and the Service and is referred to here as ‘Chat.’ When engaging in Chat, you may not:

  • (i) Transmit or post any content or language which, in the sole and absolute discretion of Area Effect, is deemed to be offensive, including without limitation content or language that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, sexually explicit, or racially, ethnically or otherwise objectionable, nor may you use a misspelling or an alternative spelling to circumvent the content and language restrictions listed above;
  • (ii) Carry out any action with a disruptive effect, such as intentionally causing the Chat screen to scroll faster than other users are able to read, or setting up macros with large amounts of text that, when used, can have a disruptive effect on the normal flow of Chat;
  • (iii) Disrupt the normal flow of dialogue in Chat or otherwise act in a manner that negatively affects other users including without limitation posting commercial solicitations and/or advertisements for goods and services available outside of the Izle universe;
  • (iv) Sending repeated unsolicited or unwelcome messages to a single user or repeatedly posting similar messages in a Chat area, including without limitation continuous advertisements to sell goods or services;
  • (v) Communicate or post any user's personal information in the Game, or on websites or forums related to the Game, except that a user may communicate his or her own personal information in a private message directed to a single user;
  • (vi) Harass, threaten, stalk, embarrass or cause distress, unwanted attention or discomfort to any user of the Game;
  • (vii) Participate in any action that, in the sole and absolute opinion of Area Effect, results or may result in an authorized user of the Game being ‘scammed’ or defrauded out of in-game money, weapons, armor, or any other items that user has earned through authorized game play in the Game;
  • (viii) Impersonate any real person, including without limitation any ‘game master’ or any other Area Effect agent or employee, nor may you communicate in the Game in any way designed to make others believe that your message constitutes a server message or was otherwise posted by any Area Effect agent or employee.

C. Rules Related to Game Play. Game play is what Izle is all about, and Area Effect strictly enforces the rules that govern game play. Area Effect considers most conduct to be part of the Game, and not harassment, so player-killing is considered a part of the Game. Because the Game is a ‘player vs. player’ game, you should always remember to protect yourself in areas where hostiles players can attack you, rather than contacting Area Effect's in-game customer service representatives for help when you have been killed by an enemy. Nonetheless, certain acts go beyond what is ‘fair’ and are considered serious violations of these Terms of Use. Those acts include, but are not necessarily limited to, the following:

  • (i) Conduct prohibited by the EULA or elsewhere in these Terms of Use;

Ownership/Selling of the Account or Virtual Items

Area Effect does not recognize the transfer of Izle Accounts. You may not purchase, sell, gift or trade any Account, or offer to purchase, sell, gift or trade any Account, and any such attempt shall be null and void. Area Effect owns, has licensed, or otherwise has rights to all of the content that appears in the Game. You agree that you have no right or title in or to any such content, including without limitation the virtual goods or currency appearing or originating in the Game, or any other attributes associated with any Account. Area Effect does not recognize any purported transfers of virtual property executed outside of the Game, or the purported sale, gift or trade in the ‘real world’ of anything that appears or originates in the Game. Accordingly, you may not sell in-game items or currency for ‘real’ money, or exchange those items or currency for value outside of the Game.

Changes to the Terms of Use or the Game

Area Effect reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete, at any time, any of the terms and conditions of this Agreement, any feature of the Game or the Service, hours of availability, content, data, software or equipment needed to access the Game or the Service, effective with or without prior notice; provided, however, that material changes to this Terms of Use Agreement will not be applied retroactively. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Game. Your continued use of the Game following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes. Area Effect may change, modify, suspend, or discontinue any aspect of the Game at any time. Area Effect may also impose limits on certain features or restrict your access to parts or all of the Game without notice or liability. The entire risk arising out of the use or performance of the Game (including without limitation the Game Client and manual(s)) remains with you, the user. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

If you are a resident of Australia, the benefits provided to you by this Limited Warranty are in addition to other rights or remedies you may have under local laws related to the goods to which the warranty applies. Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The provisions of this clause containing the Limited Warranty and the clause containing the Limitation of Liability and Indemnity below apply only to the extent permitted by the Competition and Consumer Act 2010 (Cth). The entitlement to a replacement or a refund for a major failure is not subject to Area Effect's option. To submit a warranty claim to Area Effect, please send a mail to Area Effect, 5 rue des Suisses, 75014 Paris, France. The user is responsible for the costs of returning media to Area Effect.

Termination

This Agreement is effective until terminated. You may terminate this Agreement by deleting the Game Client and terminating all Izle Accounts registered to you. In the event that you terminate or breach this Agreement, you will forfeit your right to any and all payments you may have made for pre-purchased game access to Izle. You acknowledge and agree that you are not entitled to any refund for any amounts which were pre-paid prior to any termination of this Agreement. Area Effect may terminate this Agreement (and your access to the Game) with or without notice for any reason, or for no reason. The provisions of Sections 4, 5, 8, 11, and 12-17 shall survive any termination of this Agreement.

Warranty Disclaimer

Area Effect warrants that the media containing the Game Client shall be free from defects in material and workmanship for a period of 90 days from the date of your purchase of the Game. In the event that the media containing the Game proves to be defective during that time period, Area Effect will at its option (a) correct any defect, (b) provide you with a similar product of similar value, or (c) refund your money when you present Area Effect with proof of purchase of the defective media. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY FOR THE EXPRESS WARRANTY SET FORTH IN THIS SECTION. THE GAME AND THE SERVICE ARE PROVIDED ON AN ‘AS IS,’ ‘AS AVAILABLE’ BASIS, AND AREA EFFECT DOES NOT WARRANT THAT THE GAME OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE GAME OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AREA EFFECT EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, AND NON-INFRINGEMENT. The entire risk arising out of the use or performance of the Game (including without limitation the Game Client and manual(s)) remains with you, the user. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so the above limitations may not apply to you.

Limitation of Liability

IN NO EVENT SHALL AREA EFFECT, ITS PARENT, SUBSIDIARIES, LICENSORS OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, LIQUIDATED, OR OTHER CONSEQUENTIAL DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING FROM YOUR USE OF THE GAME OR THE SERVICE. THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. In no event shall Area Effect's aggregate liability, whether arising in contract, tort, strict liability or otherwise, exceed the total fees paid by you to Area Effect during the six (6) months immediately prior to the time such claim arose.

Indemnification

YOU HEREBY AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS AREA EFFECT, ITS PARENT, SUBSIDIARIES AND AFFILIATES, FROM AND AGAINST ANY CLAIM, LIABILITY, INJURY, DAMAGE, LOSS OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED AS A RESULT OF, ARISING FROM, OR RELATING TO YOUR USE OF THE GAME AND/OR THE SERVICE.

Force Majeure

Area Effect shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Area Effect, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Area Effect's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

Acknowledgments. You hereby acknowledge and agree that:

  • A. WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH IZLE. AN ‘UNAUTHORIZED THIRD PARTY PROGRAM’ AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE GAME, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2 OR 7. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, AREA EFFECT MAY (a) COMMUNICATE INFORMATION BACK TO AREA EFFECT, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER ANY AREA EFFECT AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.
  • B. WHEN THE GAME IS RUNNING, AREA EFFECT MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF ANY AREA EFFECT AGREEMENT.
  • C. Area Effect may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if Area Effect believes that doing so may protect your safety or the safety of others.
  • D. AREA EFFECT MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that Area Effect is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk.
  • E. You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.

Equitable Remedies

In the event that you breach this Agreement, you hereby agree that Area Effect would be irreparably damaged if this Agreement were not specifically enforced, and therefore you agree that Area Effect shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as Area Effect may otherwise have available to it under applicable laws. In the event any litigation is brought by either party in connection with this Agreement and consistent with Section 17, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation. Dispute Resolution and Governing Law.

  • A. Informal Negotiations. To expedite resolution and control the cost of any dispute, controversy or claim related to this License Agreement (‘Dispute’), you and Area Effect agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 30 days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one person to the other. Area Effect will send its notice to your billing address and email you a copy to the email address you have provided to us. You will send your notice to Area Effect, 5 rue des Suisses, 75014 Paris, France, attn: Legal Department.
  • B. Binding Arbitration. If you and Area Effect are unable to resolve a Dispute through informal negotiations, either you or Area Effect may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
  • C. Restrictions. You and Area Effect agree that any arbitration shall be limited to the Dispute between Area Effect and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
  • D. Exceptions to Informal Negotiations and Arbitration. You and Area Effect agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Area Effect's intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief.
  • E. Location. If you are a resident of France, any arbitration will take place at any reasonable location convenient for you. For residents outside France, any arbitration shall be initiated in Paris, Ile de France, France. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within the County of Paris, Ile de France, France, and you and Area Effect agree to submit to the personal jurisdiction of that court.
  • F. Governing Law. Except as otherwise set forth herein, this License Agreement shall be governed by, and will be construed under, the Laws of France, without regard to choice of law principles. For our customers who purchased a license to the Game in, and are a resident of, Canada, Australia, Singapore, or New Zealand, other laws may apply if you choose not to agree to arbitrate as set forth above; provided, however, that such laws shall affect this Agreement only to the extent required by such jurisdiction. In such a case, this Agreement shall be interpreted to give maximum effect to the terms and conditions hereof. If you purchased your license to the Game in New Zealand, and are a resident of New Zealand, The New Zealand Consumer Guarantees Act of 1993 (‘Act’) may apply to the Game and/or the Service as supplied by Area Effect to you. If the Act applies, then notwithstanding any other provision in this License Agreement, you may have rights or remedies as set out in the Act which may apply in addition to, or, to the extent that they are inconsistent, instead of, the rights or remedies set out in this License Agreement. Those who choose to access the Service from locations outside of France do so on their own initiative and are responsible for compliance with local laws if and to the extent local laws are applicable.
  • G. Severability. You and Area Effect agree that if any portion Section 15 is found illegal or unenforceable (except any portion of 15(D)) that portion shall be severed and the remainder of the Section shall be given full force and effect. If Section 15(D) is found to be illegal or unenforceable then neither you nor Area Effect will elect to arbitrate any Dispute falling within that portion of Section 15(D) found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the County of Paris, Ile de France, France, and you and Area Effect agree to submit to the personal jurisdiction of that court.

Miscellaneous

This License Agreement constitutes and contains the entire agreement between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements, provided, however, that this Agreement shall coexist with, and shall not supersede, the Terms of Use. To the extent that the provisions of this Agreement conflict with the provisions of the Terms of Use, the conflicting provisions in the Terms of Use shall govern. The provisions of Sections 4(A), 6, 11-13, 15 and 16 shall survive the termination of this Agreement for any reason. If any provision of this Agreement is found to be unenforceable, that provision shall be severed and the remainder of the Agreement shall be given full force and effect.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF USE AGREEMENT AND AGREE THAT MY USE OF THE GAME IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS TERMS OF USE AGREEMENT.

Area Effect Privacy Policy

Area Effect respect the privacy rights of their on-line visitors and recognize the importance of providing a secure environment for the information they collect.

It is therefore important to make available to on-line visitors an explanatory document outlining how their personal details are collected, processed and utilized (hereafter the "Privacy Policy"). This Privacy Policy explains the ways in which Area Effect safeguards the privacy rights of its on-line visitors. By using this website, you accept this Privacy Policy. Please note that the Area Effect Privacy Policy does not apply when you access other sites via the web links located on Area Effect internet sites, as we have no control over the activities of these other sites. Furthermore, this Privacy Policy may vary from time to time; please consult this document periodically so that you are aware of any changes. The date of the last update indicates the date of the most recent modifications.

This Privacy Policy respects all applicable laws on data protection.

This Privacy Policy applies to the following Internet sites:

  • http://www.area-effect.com

Area Effect also has other domain names which link to the Internet sites listed above, in which case this Privacy Policy will apply to these Internet sites. Furthermore, we may add Internet sites which may not be listed, but which provide a link to this Privacy Policy and respect the terms within it.

What personal information we collect and how we use it?

Area Effect only collects personal information in accordance with the applicable laws. An on-line visitor generally submits data to Area Effect for the following purposes: (1) to purchase goods and services from our on-line stores; (2) to register for a product or an account, or to participate in network games; (3) to access personalized services for players; (4) to register a warranty; (5) to enter a competition; (6) to register a complaint; (7) for customer service or technical support; (8) a site visit, (9) use of the forums; and/or (10) eCards and Recruit-a-Friend e-mails.

For the purposes outlined above, Area Effect may require that you submit certain personal information, which may include your name, your street address, your telephone number, your email address, your age and/or your date of birth. We do not require this information if you are just visiting our sites, but you may be unable to access certain areas of the sites or use certain features, such as the forums, without registering, or receive certain materials such as our information bulletins without providing a certain amount of personal information.

What other information we will collect and how we will use it?

Your web browser or your client software will forward to Area Effect geographical information, data concerning your computer (e.g. capabilities, game data processing, and browser type,) and data concerning the way you use the products and services (e.g. log in and log out time). Area Effect will use this data to generate aggregate statistics about its user community. In addition, Area Effect will use such information for security, system integrity (the prevention of hacking, cheats, etc.), or enforcement purposes. Please note that the use of your data may differ from product to product and from service to service. Please review the game specific documentation. We will sometimes link this information with your personal information if we feel that the conditions of use have been violated or at the request of the legal authorities.

Area Effect will also ask you to enter a user name and a password. We would ask that you do not use your real name, the name of another person, or a name protected by copyright or trademark as a user name.

If you are a registered user, your information may be stored in Area Effect's databases to customize the website for you, to provide customized information about Area Effect and its affiliates or third party products for you, as well as for other commercial or publicity purposes.

What cookies are and how we use them?

Cookies are small data files sent to your hard disk from the Internet sites you visit. Any cookies stored on your computer can be used to recall details such as your password or a previous registration or authentication.

Area Effect may use cookies on its Internet sites to keep track of the fact that you signed in, so that you do not have to continually enter your password or your registration details.

Area Effect may use cookies to collect information about the sections of the websites you visit, the products you are interested in, and to track your navigation through its websites.

Most web browsers are set to accept cookies. You can block cookies or set your browser to receive a warning message before any cookies are saved onto your PC. If you would prefer not to have any cookies installed on your hard drive, we recommend that you consult your browser documentation or the help window for more information. Cookies may, however, be necessary for running certain applications on our sites and blocking them may result in your being unable to access certain applications.

Who collects, processes and uses your information?

When you visit an Area Effect site and you are asked to provide information, you only share this information with Area Effect except where clearly indicated to the contrary. The transfer of personal data to another company will only be carried out with your express authorization.

The information you enter on forms on Area Effect's websites will only be sent to Area Effect once you have clicked the "Send" or the "OK" button. You can halt the transfer of data at any time by quitting the form screen, i.e. by closing your web browser prior to clicking the "Send" or the "OK" buttons; no information will then be sent to Area Effect.

Please bear in mind that message boards and Internet sites linked to our sites could obtain some of your personal information. We would remind you that Area Effect’s Privacy Policy does not apply to these message boards or to these other sites, as we have no control over their activities.

How your personal information could be used?

The personal data you submit to Area Effect allows us to process your orders, and provide you with the game, customer, and technical support services, and, if you wish, to inform you of our new products, updates and/or competitions, promotional offers and special events.

With your consent, we can also send your personal information to other companies or organisations who offer products which may be of interest to you.

Finally, we can use your personal data to generate internal statistics for marketing, consumer profiles or demographic research, etc. to tailor our products and services to satisfy your requirements. Our aim is to better understand and serve our clients.

With whom we may share your information?

As a general rule, Area Effect will not forward your information to a third party without your permission. However, we may divulge this data to third party vendors in response to a product order or to add you to a vendor’s commercial bulletin circulation list. In some cases, we can also disclose this information if our License Agreements or Terms of Service have been violated or if, in all good faith, we judge it is legally justified.

As with any business, your personal information is also an asset of Area Effect and will become part of our normal business records. As such, in the event of a merger, acquisition, reorganization, bankruptcy, or other similar event, your personal information may be transferred to Area Effect’s successor or assignee.

What your rights are concerning the collection, use and distribution of your personal data?

Area Effect allows you to monitor the way in which we use the personal information we obtain. Any promotional materials which Area Effect may send to you (e.g. "newsletters" or "information bulletins") contain internal mechanisms that allow you to block future mailings (Opt-out).

You can also contact us if you wish to change the way in which we use your personal information, i.e. whether Area Effect, the parent company or any subsidiary company can send you e-mails or standard mail regarding our products or services.

You can contact us at the following address: Area Effect, 5 rue des Suisses, 75014 Paris, France. Please state which services or publications you no longer wish to receive so that we can respond to your needs more effectively.

What level of security is applied to your personal information?

Area Effect deems it a point of honour that the information you send us should be protected and should remain in its original form, i.e. unaltered. In this respect, access to all private data is strictly monitored. Furthermore, we will do our utmost to ensure that the third parties to whom we may forward this information provide sufficient guaranties of security with regard to this personal information.

What you should do if you wish to amend or review your personal information?

If, for any reason, you are concerned about the way in which we collect your personal information, if you wish to access, amend or correct it, or if you want us to delete it from our servers, please contact Area Effect, 5 rue des Suisses, 75014 Paris, France. Please note that the deletion of your data will lead to the termination of your account and applicable services.

What you should do if you have any questions or complaints?

If you have any questions or complaints, please write a letter to: Area Effect, 5 rue des Suisses, 75014 Paris, France.

Note to parents

We feel under a particular obligation to protect information obtained from young children. We would strongly urge parents to instruct their children never to disclose their real name, their address or their telephone number while they are on-line without prior permission. No information should be transmitted to Area Effect by minors aged 12 years or under. Area Effect commits to never knowingly processing data provided by minors aged 12 years or under.

Adolescents aged 13-17 years should ask their parents to read our Privacy Policy and to contact us if they would like any information on our guarantee of confidentiality or to comment on the content.

Minors under 18 years of age should not order or subscribe to any paid service on-line without the permission of their parents or guardians. We would ask parents and guardians to be particularly vigilant and to ensure that their minors do not transgress when using our sites or on-line services.

Visiting the Area Effect Internet sites and using our on-line services indicates your acceptance of Area Effect’s Privacy Policy. If you do not accept this Privacy Policy, please do not visit our Internet sites or use our on-line services.